[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Pages 31147-31148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12296]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D.050500B]


Endangered Species; Permits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Receipt of an application for a scientific research permit 
(1252) and an amended application for modification 5 to scientific 
research permit 994.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of the following actions regarding 
permits for takes of endangered and threatened species for the purposes 
of scientific research and/or enhancement: NMFS has received an 
application for an ESA section 10(a)(1)(A) scientific research permit 
(1252) from the Washington State Department of Transportation at 
Olympia, WA (WSDOT) and NMFS has received an amended modification 
request from the Idaho Cooperative Fish and Wildlife Research Unit at 
Moscow, ID (ICFWRU).

DATES: Comments or requests for a public hearing on either application 
must be received at the appropriate address or fax number no later than 
5:00 pm eastern standard time on June 15, 2000.

ADDRESSES: Written comments on any of the new applications or 
modification requests should be sent to the appropriate office as 
indicated below. Comments may also be sent via fax to the number 
indicated for the application or modification request. Comments will 
not be accepted if submitted via e-mail or the internet. The 
applications and related documents are available for review in the 
indicated office, by appointment:
    Protected Resources Division, F/NWO3, 525 NE Oregon Street, Suite 
500, Portland, OR 97232-2737 (ph: 503-230-5400, fax: 503-230-5435).
    Documents may also be reviewed by appointment in the Office of 
Protected

[[Page 31148]]

Resources, F/PR3, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910-3226 (301-713-1401).

FOR FURTHER INFORMATION CONTACT: Robert Koch, Portland, OR (ph: 503-
230-5424, Fax: 503-230-5435, e-mail: [email protected]).

SUPPLEMENTARY INFORMATION:

Authority

    Issuance of permits and permit modifications, as required by the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543) (ESA), is based on 
a finding that such permits/modifications: (1) Are applied for in good 
faith; (2) would not operate to the disadvantage of the listed species 
which are the subject of the permits; and (3) are consistent with the 
purposes and policies set forth in section 2 of the ESA. Authority to 
take listed species is subject to conditions set forth in the permits. 
Permits and modifications are issued in accordance with and are subject 
to the ESA and NMFS regulations governing listed fish and wildlife 
permits (50 CFR parts 222-226).
    Those individuals requesting a hearing on an application listed in 
this notice should set out the specific reasons why a hearing on that 
application would be appropriate (see ADDRESSES). The holding of such 
hearing is at the discretion of the Assistant Administrator for 
Fisheries, NOAA. All statements and opinions contained in the permit 
action summaries are those of the applicant and do not necessarily 
reflect the views of NMFS.

Species Covered in This Notice

    The following species and evolutionary significant units (ESU's) 
are covered in this notice:
    Sockeye salmon (Oncorhynchus nerka): endangered Snake River (SnR), 
threatened Ozette Lake.
    Chinook salmon (O. tshawytscha): endangered, naturally produced and 
artificially propagated, upper Columbia River (UCR) spring; threatened, 
naturally produced and artificially propagated, SnR spring/summer; 
threatened SnR fall; threatened lower Columbia River (LCR); threatened, 
naturally produced and artificially propagated, Puget Sound.
    Chum salmon (O. keta): threatened Hood Canal summer, threatened 
Columbia River.
    Steelhead (O. mykiss): endangered, naturally produced and 
artificially propagated, UCR; threatened SnR; threatened middle 
Columbia River (MCR); threatened LCR.
    To date, protective regulations for threatened Ozette Lake sockeye 
salmon, threatened LCR chinook salmon, threatened Puget Sound chinook 
salmon, threatened Hood Canal summer chum salmon, threatened Columbia 
River chum salmon, threatened SnR steelhead, threatened MCR steelhead, 
and threatened LCR steelhead under section 4(d) of the ESA have not 
been promulgated by NMFS.
    Protective regulations are currently proposed for threatened Ozette 
Lake sockeye salmon, threatened LCR chinook salmon, threatened Puget 
Sound chinook salmon, threatened Hood Canal summer chum salmon, 
threatened Columbia River chum salmon (65 FR 169, January 3, 2000) and 
threatened SnR, MCR, and LCR steelhead (64 FR 73479, December 30, 
1999). This notice of receipt of an application requesting takes of 
these species is issued as a precaution in the event that NMFS issues 
protective regulations. The initiation of a 30-day public comment 
period on the application, including its proposed takes of Ozette Lake 
sockeye salmon, threatened LCR chinook salmon, threatened Puget Sound 
chinook salmon, threatened Hood Canal summer chum salmon, threatened 
Columbia River chum salmon, threatened SnR steelhead, threatened MCR 
steelhead, and threatened LCR steelhead, does not presuppose the 
contents of the eventual protective regulations.

New Application Received

    WSDOT requests a five-year ESA section 10(a)(1)(A) scientific 
research permit (1252) that would authorize annual takes of juveniles 
of all of the ESA-listed salmonid species included in this notice, 
during presence/absence surveys in waterbodies crossed by or adjacent 
to state transportation systems (highways, railroads, or airports) in 
the State of WA. The surveys will be used to assess potential impacts 
of WSDOT projects on ESA-listed fish species. The survey work will 
benefit the species by providing information that will enable WSDOT to 
implement specific timing restrictions for in-water work windows, and 
to implement best management practices designed to protect ESA-listed 
species. The surveys will also add to the knowledge base of where ESA-
listed species are located. ESA-listed juvenile fish are proposed to be 
observed/harassed during snorkel surveys or captured (using dip nets, 
stick seines, baited gee minnow traps, rod and reel, or 
electrofishing), handled, and released. ESA-listed juvenile fish 
indirect mortalities are also requested.

Amended Modification Request Received

    On September 25, 1998, NMFS published a notice in the Federal 
Register (63 FR 51340) that an application was received from ICFWRU for 
modification 5 to ESA section 10(a)(1)(A) scientific research permit 
994. On March 21, 2000, NMFS published a notice in the Federal Register 
(65 FR 15131) that an amendment of the application for modification 5 
to ESA section 10(a)(1)(A) scientific research permit 994 was received 
from ICFWRU. Permit 994 authorizes ICFWRU annual takes of adult SnR 
sockeye salmon, adult SnR spring/summer and fall chinook salmon, and 
adult UCR steelhead associated with scientific research designed to 
assess the passage success and homing behavior of adult salmonids that 
migrate upriver past the eight dams and reservoirs in the lower 
Columbia and lower Snake Rivers, evaluate specific flow and spill 
conditions, and evaluate measures to improve adult anadromous fish 
passage. NMFS has received a second amendment of ICFWRU's application 
for modification 5 to permit 994. In the application amendment, ICFWRU 
requests an increase in the take of adult UCR steelhead associated with 
the scientific research. Based on recent information regarding expected 
ESA-listed adult steelhead escapement in 2000, and the probability of 
encountering adult UCR steelhead at the sampling location (Bonneville 
Dam on the lower Columbia River), ICFWRU has determined that an 
increase in take of adult UCR steelhead is necessary to maintain the 
sample size required to conduct a statistically valid study. ESA-listed 
adult steelhead are proposed to be captured at Bonneville Dam, tagged 
with radiotransmitters and identifier tags, released, and tracked 
electronically as they make their way upriver. Modification 5 as 
amended is requested to be valid for the duration of the permit which 
expires on December 31, 2000.

    Dated: May 11, 2000.
Wanda L. Cain,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 00-12296 Filed 5-15-00; 8:45 am]
BILLING CODE 3510-22-F